The Antiquities Act: A Tool for Conservation, or a Law Without Limit?

In 1906, Congress passed the Antiquities Act, which gives the President the authority to set aside federal land to protect "objects of historic or scientific interest." Presidents have since used the Act in increasingly broad ways, setting aside millions and millions of acres to protect broader arrays of "objects." Recently, President Biden set aside 3 million acres in Utah to protect a collection of such objects -- among them: landscapes, regions, ecosystems, habitats, and animals. Following these designations, both the State of Utah and a collection of individual plaintiffs sued, arguing that the President's actions violated the Antiquities Act. The Tenth Circuit recently heard arguments on the case, which concerns not only the meaning of the Antiquities Act, but also whether such presidential action is reviewable by the federal courts in the first place. This challenge ultimately tees up a question that Chief Justice Roberts asked in a separate writing a few years ago: Whether the Antiquities Act really is as broad as it has been applied, or whether it is time for the federal courts to start reimposing its limits? Featuring: Harry Graver, Associate, Jones Day Prof. Sam Kalen, Associate Dean and William T. Schwartz Distinguished Professor of Law, University of Wyoming College of Law Moderator: Jeff Beelaert, Partner, Stein Mitchell -- To register, click the link above.